When a couple makes the decision to divorce, they must consider different factors of family law. Some of these factors may include child custody, child support and property division. These decisions can be made by the couple or by a court order. In Georgia, child custody is determined based on the best interests of the child. Modification to a divorce order pertaining to things like child custody may be made if the conditions of the order have changed.
Just such a situation appears to be at the foundation of a petition to modify child custody in the matter of a Mississippi mayor and his ex-wife. The couple filed for divorce in March 2011, and entered into an agreement for child custody, child support and division of property on June 13, 2011. In her petition, the ex-wife states that child custody should be modified because the mayor heavily consumes alcohol when he is with the children. She also states that there have been times when her ex-husband, while under the influence of alcohol, has driven with the minor children inside the vehicle.
The ex-wife has also petitioned the court to set aside the property agreement in the divorce decree. She claims the current agreement is inadequate and that her former husband has not fully disclosed all of his assets pursuant to equitable property division.
In Georgia, child custody decisions are based on numerous factors including the child's current living situation and each parent's ability to care for the child's emotional and physical needs. If the child is at least 14 years old, the child may select the parent household where he or she wishes to reside. This decision is taken into consideration by the court and the court typically grants the child's selection if the parent is able to provide for the child. If parents are no longer able to support the child, the court may modify the child custody order.
When parents are not able to come to an agreement, Georgia courts make decisions of child custody and child support based on the best interests of the child. If the conditions of the court order have changed, modifications may be made to accommodate the physical and emotional well being of the child.